Death of the Peremptory Challenge: J.E.B. v. Alabama, The
Ferdico, Christopher M.
INTRODUCTION|The peremptory challenge is nearly 700 years old and has existed in the United States for over 200 years. The peremptory challenge has been regarded as one of a criminal defendant's most important tools in securing a fair and impartial trial. By definition, the peremptory challenge is to be used without verbalizing a reason. However, the United States Supreme Court in 1986 began to change the rules of how the peremptory challenge could be used. In Batson v. Kentucky, the Supreme Court held that a state could not use the peremptory challenge to exclude a person from sitting on a jury on the basis of race. In 1991, the Supreme Court extended its holding in Batson to prohibit the use of the peremptory challenge based on race by criminal defendants and parties in civil proceedings...
28 Creighton L. Rev. 1177 (1994-1995)
Creighton University School of Law